Capital Gains 'Letting Relief' & Main Residence

Capital Gains 'Letting Relief' & Main Residence

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A client inherited a property in 1995 and it was occupied soon after by an aged relative, rent free but the relative was responsible for all repairs, utilities, etc. until their death in 2001. The client then moved in to the property until it was sold this year. How strong a argument does my client have that the period of occupation by the aged relative is within the capital Gains "letting relief" provisions of s223 (4) TCGA 1992.
Alex Goracy

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By User deleted
21st Jun 2007 15:14

223 (4) success
I think this is a "letting", and it is clearly "residential". There is no qualification about income received, so far as I am aware. I would claim. The tenancy might be informal, but it existed in fact, and I think the claim should succeed.

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